BILL ANALYSIS �
SB 266
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Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hern�ndez, Chair
SB 266 (Lieu) - As Proposed to be Amended: June 25, 2014
SENATE VOTE : 28-5
SUBJECT : Prevailing wages.
SUMMARY : Clarifies the procedure for providing notice of
completion or acceptance of a public work to the Labor
Commissioner (LC). Specifically, this bill :
1)Requires, within ten days after receipt of a written request
from the LC, the awarding body to furnish a copy of the valid
notice of completion or a document evidencing acceptance of a
public work, whichever occurs later, to the LC by first-class
mail.
2)Provides that if no document has been filed to the office of
the county recorder and there is no document evidencing the
awarding body's acceptance of the public work on a particular
date, the awarding body shall notify the LC.
3)Requires that after the notification of no documentation, the
awarding body must supply copies of the applicable document
within ten days after filing a valid notice of completion with
the county recorder's office or the awarding body's acceptance
of the public work.
4)Provides that if the awarding body fails to timely furnish the
LC with the documents identified, the period for service of
assessments shall be tolled until the Labor Commissioner's
actual receipt of the valid notice of completion or a document
evidencing the awarding body's acceptance of the public work.
5)Makes related legislative findings and declarations.
6)Contains an urgency clause and states that in order to protect
workers from wage theft due to prevailing wages not being paid
for labor on a public work, it is necessary that this bill
take effect immediately.
FISCAL EFFECT : According to the Senate Appropriations
SB 266
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : SB 377 (Lieu) from 2013 sought to streamline the
determination process for public works projects to ensure that
workers receive the legally mandate prevailing wage. Among
other things, SB 377 required that an awarding body notify the
Director of the Department of Industrial Relations and the LC if
a project is not a public work. Additionally, SB 377 imposed a
time limit of the process for the determination of a project's
public works status and penalty assessment in order to alleviate
the long wait time many workers experienced.
SB 377 was signed into law by Governor Brown. In his signing
message, the Governor asked the Legislature to send him a
follow-up bill to streamline the notice of completion process
outlined in SB 377. According to the author's office, this bill
was drafted to address the Governor's request and ensure the
efficient implementation of SB 377. Current law states that a
notice of completion must be provided to the LC in a manner
determined by the LC. This bill would clarify the notice of
completion process, including a ten day deadline for furnishing
the documents requested by the LC.
According to the author's office, despite current law requiring
an awarding body to file a notice of completion with both the
office of the county recorder and the LC, the code remains vague
on the exact process of filing a notice of completion. The
author's office contends that this bill clarifies any ambiguity
by outlining the steps for furnishing the proper documentation
to the LC.
REGISTERED SUPPORT / OPPOSITION :
Support
California-Nevada Conference of Operating Engineers
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
SB 266
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